Other conditions decisions — 2017

The Board has determined that the Veteran's current right and left foot hammertoes are not related to his service, as there is no evidence of such condition in service or prior to September 2006. The preponderance of the evidence does not support a finding that the Veteran's current hammertoes were incurred during service.

The Veteran's back disabilities, including partial sacralization of L5 and adolescent idiopathic scoliosis, are not service-connected. However, the Veteran's segmental dysfunction of the cervicothoracic spine is found to be secondary to her service-connected fibromyalgia.

The Veteran's appeal is being remanded for additional development to determine the nature and extent of his service-connected stomach disorder, left hand arthritis, PTSD, headaches, and lumbar spine disability.

The appeal is being remanded due to the need for further development of vocational rehabilitation records. The Veteran's TDIU claim will be reconsidered after these records are reviewed.

The Veteran's service-connected bilateral foot disabilities have been rated at the maximum schedular rating of 40 percent for each foot, and he is entitled to SMC based on loss of use of both feet. The Veteran also meets the criteria for a TDIU due to his inability to secure or follow substantially gainful employment.

The Board has denied the apportionment of the Veteran's nonservice-connected pension benefits for the appellant due to a lack of demonstrated financial need and because an apportionment would cause the Veteran undue hardship.

The Board found that the overpayment was properly created due to an error in adding LMC and LDC as dependents, but also acknowledged some fault on the part of both the Veteran and VA. The decision is mixed, with some issues granted and others not.

The Veteran withdrew his appeal regarding the issue of service connection for a dental disorder, including periodontal disease, as secondary to service-connected disability.

The Board has remanded the case for further development, including obtaining a VA examination and providing an opinion regarding the Veteran's skin rash/jungle rot. The issues of service connection for a rash to the lower body and jungle rot are on appeal.

The Board found that the Veteran's current schizoaffective disorder is not related to his military service and denied his claim for service connection.

The Veteran's vascular disability and right thoracic outlet syndrome are both rated as compensable, with the vascular disability receiving a higher rating. The TDIU claim is denied due to abandonment of the request for information.

The Veteran's right little finger fracture resulted in functional ankylosis, impacting overall hand function. The Board has granted a 10% evaluation for residuals of the right little finger fracture.

The Veteran's claim for an initial compensable rating for service-connected right eye refractive error is being remanded due to the need for a proper VA examination by an ophthalmologist.

The Veteran's lung condition, which included a wedge resection of the right lung middle lobe and hamartoma, was rated at 30 percent effective December 20, 2016. The rating has been granted for this period.

The Board denied the Veteran's claims for increased evaluations for his right and left foot disabilities, finding that they did not meet the criteria for a higher rating under the applicable diagnostic codes. The claim for TDIU was also denied.

The Veteran's varicose veins of the left and right lower extremities are currently rated at 40 percent, but no higher, throughout the appeal period.,A separate 40 percent rating is granted for each leg from April 1, 2015.

The appellant seeks an earlier effective date for DIC for service connection for the cause of her husband's death, but this claim is dismissed as it cannot be entertained due to the finality of a previous Board decision.

The Veteran's claim for an increased rating for his service-connected residuals of herniated nucleus pulposus, L4-5 and S-1 with multilevel degenerative joint disease is being remanded due to the inadequacy of the August 2009 VA examination.

The Board has granted the Veteran's claim of service connection for asthma, finding that her current diagnosis is at least as likely as not related to her in-service exposure to JP-8 fuel. The claim for a gynecological disorder remains denied.

The Veteran withdrew her appeal regarding the issues of increased disability ratings for pituitary insufficiency and contraction of visual fields with optic atrophy.